Case details

Plaintiff claimed neck and lower back injuries due to rear-ender

SUMMARY

$13766.94

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
back, cervical, cervical chest, lower back, lumbar, neck, nerve, neurological, spasm, sprain, strain
FACTS
On June 8, 2011, plaintiff Jose Maldonado, 37, a customer service representative, was stopped in his KIA sedan on eastbound Interstate 10, near the Vineyard Avenue exit, when his vehicle was rear-ended by a truck operated by Grace Fox. Maldonado claimed to his neck, lower back and left non-dominant shoulder. Maldonado sued Fox. He alleged that Fox was negligent in the operation of the truck. Fox conceded liability., The day after the accident, Maldonado presented to an Urgent Care facility, where X-rays were taken and he was given Vicodin and ibuprofen. He sustained sprains and strains to the cervical and lumbar levels, as well as to his left shoulder. He also sustained ulnar neuritis in his left arm, contusions to his left arm and chest, and spasms to the cervical and lumbar levels. Maldonado then presented to an orthopedist, who recommended physical therapy. As a result, he underwent four months of physical therapy with a chiropractor, who also performed adjustments. Maldonado claimed that his shoulder has resolved, but that he still reports flare ups of pain in his neck and lower back. As a result, he alleged that was able to continue with his daily activities, but is more careful. He also claimed he does daily stretches and exercises. Defense counsel contended that Maldonado treated for too long and that after two months, therapy was of no benefit.
COURT
Superior Court of San Bernardino County, San Bernardino, CA

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